Water Rights | Real Estate Exam Prep Videos
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- Опубліковано 22 лип 2024
- Water rights is a big part of a property owners estate. A land owners' water rights depends largely on the state the property is located in, the body of water in question, and the particular legal doctrine the state employs.
Key real estate terms you should know once you've completed this video:
(1) Riparian Rights - Rights of a land owner to use waters of an adjacent river or stream
(2) Littoral Rights - Rights of a landowner who's property borders a lake or the ocean
(3) Doctrine of Prior Appropriation - The first owner or user has the rights to divert water for their use.
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P.S. Nothing in this video shall be construed as legal or financial advice and is for INFORMATIONAL purposes only! Please consult with a competent attorney, financial advisor, and your broker before implementing anything you’ve learned from this video. Likewise, the issues discussed herein may not be applicable in your state or local jurisdiction.
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Your water rights are about to be stolen by your state's politicians!
ua-cam.com/video/o8qInSgI6Ss/v-deo.html
Hey , Just wanted to say thank you for sticking so closely to the information taught at schools. Your videos seem like an add on to the school im at
You're welcome... I try and teach to the exam as close as I can
Water rights are a real big issue in places like Wyoming.
I did... thank you for submitting your question to the discussion board. I hope you got the answer right 😁
I live in Montana-water is like gold up here
Thank you
True
The Missouri river devided the boundary of Nebraska and Iowa.. The river has since changed course after a flood so now a part of Iowa is west of the Missouri.
You should do a video on rent prorations.
Agreed
yes yes
I will see what I can do
Clearest explanation out there 👍
You're welcome
I worked for the Army Corp of Eng. for many years and there were always laws suits between us and states regarding this very issue.
I can only imagine. Thank you for commenting
I had a question on my test the read something like: A rancher lives in a state that receives very little rainfall and placed restriction on water useage giving priority to household use. Which type of doctrine of water rights does this state follow? It gave like 4 choices doctrine of littoral, doctrine of raparian, the right of avulsion and one other choice. Im paraphrasing the question but the prime details I remember.
I will see what I can do
I live in France and you can also own the water like in California
You're amazing
Thank you!
So as a buyer under the riparian system, acreage includes land underwater ? Would I have to pay for boundaries extending out to the middle of the lake of my lakefront property ?
I really depends on how the specific property. In some cases your property line would extend does extend to the center of the lake assuming another owner borders the lake as well. In other cases it's common for your boundry line to end at the high weater mark and the association you live in owns the lake. But... for sure you want to know the details before you list the property for sale :o)
@@TheRealEstateClassroom thank you for your response. To be more clear with my question, as a buyer I want to know if I am paying on acreage that is underwater. I am east of the MS river. Is it standard practice or either not allowed to advertised a property as 2 acres when only 1 acre is dry land and the other is underwater?
@@mea425copyrightlicensing4 Based on the info from your question... under the littoral rights docutrine (which governs lakes) the general rule is yes, if you're purchasing 10 acres and 1 of the 10 is a pond... you're purchasing the ground under the water. As far as advertising, that depends on each states specifc rule and each state is different. I would call your states real estate commission or board and ask about the advertising rules. now...if the property line crosses the lake or pond... Each property owner owns the land under the water up to the boundry line. No one owns the water and each would have equal use of the whole lake or pond.
If Tom sells his property does Sally now have ownership of the water in a Doctrine of prior appropriation state or does the ownership of the water transfer with the property?
In a doctrine of prior appropriation state water rights transfer with title
I think the ownership comes with the sale.
Not sure if this is just Florida when it comes to littoral rights, but I remember in my course that the property ends at the median watermark. Is this something that changes by state?
Yes. You would need to know that for the state portion of your exam!
Copy Paste From Colorado Course -
Riparian Rights: (Along a running flow of water)
Along a NAVIGABLE river, (commercial traffic) one owns to the water's edge.
Along a NON-NAVIGABLE stream, one owns the land to the center of the stream. (Someone else owns the water.)
Littoral Rights: (Along a stationary body of water)
Along large NAVIGABLE lakes and oceans, one owns to the average high water mark.
Doctrine of Prior Appropriation:
A theory of water law that gives preferential right to use water to the first party to divert it for a beneficial use. The doctrine is based on the premise that there is not enough water available to assign equal shares to every potential user.Prior Appropriation sets up water use priorities and relies on adjudication of water rights by special water courts.
This doctrine is prevalent in the Southwest United States, generally along the Colorado and Rio Grande Rivers.
A state's government can give permission to a non-adjacent land owner for crop IRRIGATION and other uses.
Thank you @@RiskOnTrading
What if Sally owned was the first property owner but the water way is clearly coming from Tom's end. Could she stop him from using the water? And if so. How when the water is coming from his side of the property? Can you elaborate more on that please :)
If Sally and Tom live in a state that recognizes Riparian Rights, then no one owns the water so even though Tom owns the land under the water he could not deprive Sally of the water. He could not divert it, restrict it's flow, etc. If they live in a state that recognizes the Doctrine of Prior Appropriation, Tom could divert or restrict the flow depriving Sally of the water. Why? Because in those states, Tom owns the water and the land under the water. If Tom's property is in a Riparian state and Sally lives in a Doctrine of Prior Appropriation state.... meaning their property line is also on the state line.... we have a law suit :o)
@@TheRealEstateClassroom thanks
@@TheRealEstateClassroom the question was if Sally owned the water first. Question is can Sally even own the water upstream from her?
sounds like Doc of Prior App is meaningless. Sally can still use that water without Tom's approval, since Tom owns it?
I don't quite understand the difference between Riparian rights and Doctrine of prior appropriation?
The biggest difference between the two doctrines are: who owns the water and who has priority over it's use. For example, under Riparian, no one owns the water and everyone has equal right to use. If the water runs over someones private property, tyhe owner can't deprive his own stream neighbors of it. Under Prior Appropriation, the up stream owner actually owns the water and can divert it or deprive his downstream neighbors of it for his benefit... such as water his cows or watering his crops.